Privacy and data protection in eHealth: A comparative approach between South African and French legal systems

Telemedicine has become an important tool for health professionals as well as for patients. It offers major possibilities for diagnosis, surgery and medical follow-up. Health data concerning patients are circulated via web applications, telephone, videoconferences... and general practitioners may ask for second opinion regarding a medical exam. However, eHealth and mobile Health (mHealth), which are based on information and communication technologies, raise legal concerns on both professional and patient sides. The very specific nature of these data and their use in the context of eHealth are key elements to evaluate its implications in terms of liability. Through a comparative study of South African and French law, this article aims at highlighting: on the one hand, how privacy impacts eHealth, for patients and professional practices; and, on the other hand, whether patients control the use of their medical data by health professionals.